1 – INTRODUCTION
The term “Client” refers to any legal or natural person, having required the professional skills of Studio 120, Alysée VINCENT, for any creation within the framework of graphic design skills. The term “Third Party” means any natural or legal person who is not a party to the contract. The term “Graphic Designer” refers to Studio 120, Alysée VINCENT, independent graphic designer in the liberal profession, whose registered office is at 362 avenue d’Orange 84700 SORGUES, registered with URSSAF PROVENCE-ALPES-CÔTE D’AZUR under the SIRET number: 878 501 840 00010
2 – GENERAL
a) The purpose of these general conditions of sale is to define the rights and obligations of the parties when selling products made by the Graphic Designer for its Customers as part of its commercial activity of creation and graphic design. The Graphic Designer reserves the right to modify its general conditions of sale, its formulas and its prices at any time and without notice. These changes will have no impact on current orders. If the Customer is an individual, he acknowledges being of legal age in accordance with the laws of the country where he resides.
b) The Customer using the services of Studio 120, Alysée VINCENT, acknowledges having read and unreservedly accepted the following general conditions of sale, as well as the warnings set out in the Extract from Law No. 57-298 of March 11, 1957 on artistic property (J.O. of March 14, 1957) of the rights of authors concerning the laws of intellectual property. Any order or quote signed entails full and unreserved acceptance by the Customer of these general conditions of sale and the details of the attached quote.
c) The service includes everything that is explicitly listed in the “Description of services” field of the quote. As a corollary, it does not understand what is not explained in this same field.
3 – CUSTOMER RESPONSIBILITY
The Client undertakes to provide fair and sincere information and undertakes to notify the Graphic Designer of any changes to the data provided and will be solely responsible for any malfunctions that may result from erroneous information. Customer must maintain a valid email address and mailing address.
4 – VALIDATION/DELIVERY
a) The signing of the “Bon à primer” or the “Good for agreement” releases the Graphic Designer from any error or omission of any kind whatsoever. These vouchers stamped and dated by the customer, his agent or representative, constitute acceptance of the work carried out and authorize its delivery according to the order form.
b) Shipments, even delivered free, parcels travel at the risk and peril of the recipient. The latter, in the event of damage or missing items, will make the usual reservations and will exercise all recourse with the carrier, by registered letter (photos in support), within 24 hours of receipt of the products and will immediately notify Studio 120. , Alysée VINCENT.
c) The productions and creations of the Graphic Designer, are stipulated delivered as soon as they have been received by post or transmitted digitally via the Internet to the client himself, his agent or even his printer. It is the responsibility of the latter to archive and save these elements. As far as possible, the Graphic Designer preserves all client files, but cannot be held responsible following a partial or total loss of this data due to a disaster, a material failure, theft or any other reason beyond his control.
d) Orders are only considered valid upon acceptance of the estimate issued by Studio 120, Alysée VINCENT, valid as an order of execution or mission.
5 – EXECUTION TIMES
Delivery or execution times are given for information only and cannot bind the Graphic Designer in an absolute way. The Graphic Designer cannot, under any circumstances, be required to pay any compensation whatsoever, in the event of delay, damages or interest. This delay can in no case give rise to cancellation of the order stipulated in the order form.
6 – CONFIDENTIALITY CLAUSE
Throughout the duration of the mission and even after termination for any reason whatsoever, the Graphic Designer undertakes to keep strictly confidential all information and documents of any kind whatsoever relating to the client, to which he may have had access. particularly in the context of the execution of this assignment.
7 – RIGHT OF PUBLICITY
The Graphic Designer reserves the right to mention the achievements made for the Client on its external communication and advertising documents (website, portfolio, etc.) and during commercial canvassing. The Customer undertakes never to oppose it.
8 – RIGHT OF WITHDRAWAL
a) In the case of a service intended for a particular Customer, the latter as a consumer has a right of withdrawal of 15 days from the validation of the offer (here the quote issued by Studio 120, Alysée VINCENT). If the work has started when the Client withdraws, the Graphic Designer is entitled to invoice the services performed and to claim penalties for the cancellation of the estimate.
b) Under Article L. 121-21 of the Consumer Code, only the Customer as an individual can exercise his right of withdrawal. According to the Hamon law (March 17, 2014), Art. Preliminary to the Consumer Code: “A consumer is any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity”. In fact, the Customer as a professional who has placed an order with Studio 120, Alysée VINCENT via the validation of an estimate cannot benefit from the right of withdrawal of fourteen (14) days provided for by Consumer Law.
9 – MODIFICATION OF ORDER
No graphic modification will be accepted from 30 days before the scheduled deadline or date of the client’s event.
Any request for graphic modification from the customer after validation and signature of the “Proof for printing” or the “Good for agreement” will be invoiced between 50 € and 150 € (price per unit modification) depending on the quality of the modification to be made. . The price of the modification will be decided and imposed by the designer, subject to not accepting the modification. If the modification results in a new printing, all of these printings must be paid in full.
10 – POSTPONEMENT OR CANCELLATION OF ORDER
a) In the event of termination of the contract before its term by the Customer, the latter formally undertakes to regularize and remunerate the amounts relating to the current schedule, to the positions carried out or in progress, as well as to the additional services carried out . The deposit already paid will remain acquired by the Graphic Designer, constituting compensation for the work undertaken.
All copyrights remain the exclusive and entire property of the Graphic Designer, with the exception of the data provided by the Client. The files and source data created and used by the Graphic Designer cannot therefore be claimed by the Client without a financial contribution.
b) In the event of cancellation for force majeure (death, illness, natural disaster), the entire deposit and the amounts relating to the current schedule, to the posts made or in the process of graphic design will be canceled and reimbursed by the graphic designer . Only the amount of prints in progress or already made, paid by the graphic designer to the printer, will be kept and therefore not reimbursed by the graphic designer to the customer.
c) Any postponement of a customer event due to force majeure leading to a graphic modification of the visuals will be invoiced between €50 and €150 (price per unit modification) depending on the quality of the modification to be made. The price of the modification will be decided and imposed by the designer, subject to not accepting the modification.
The amount of prints in progress or already made, paid by the graphic designer to the printer, will be retained and therefore not reimbursed by the graphic designer to the customer. Prints to be relaunched in the context described above must be paid in full.
11 – INVOICE AND PAYMENT
Unless an additional payment period has been clearly agreed, payment is made upon signature of the quote. Payment is made by bank transfer to the following coordinates: FR76 3000 3002 3500 0203 5902 652 (SOGEFRPP, general society) or by check payable to Studio 120, Alysée VINCENT. In the event of delay, penalties will be payable without a reminder being necessary in accordance with the law.
These penalties amount to 30% of the total amount of the invoice per month of delay. Calculation of penalties will begin on the second business day after the payment date indicated on the invoices. The calculation will end on the day of receipt of payment. In the event of non-payment, the Customer will bear all collection costs.
Any dispute or complaint can only be taken into consideration if it is formulated in writing and addressed to the Graphic Designer, within a maximum of 8 (eight) days after receipt of the order.
13 – SETTLEMENT OF DISPUTES
The contract is subject to French law. Any dispute or litigation relating to the interpretation or execution of this contract will be brought before the court of the city in which the head office is located, which is expressly accepted by the Customer.